LEGAL TERMS AND CONDITIONS
These Terms & Conditions ("Terms") of (a) use of our website www.saras-3d.com ("Website"), our applications ("Application") or any products or services in connection with the Application/, Website/products ("Services") or (b) any modes of registrations or usage of products, including through SD cards, website and other hardware is between Saras-3D Inc. ("Company/We/Us/Our") and its users ("User/You/Your family members").
3D EDTECH PRIVATE LIMITED, a Company incorporated on Sixteenth day of January Two thousand seventeen under the Companies Act, 2013 with CIN No. U72900GJ2077Pf C095150, is an Wholly Owned Subsidiary of the Company SARAS-3D lNC, a Company incorporated at USA.
To use the services provided on the website and make purchases, it is compulsory to create an account. A User may create an account on the Website which shall collect only your basic information which includes personally identifiable information. You must keep your account and registration details current and correct for communications related to your purchases from the Website.
At the time of registration, the Company shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,). You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account. You provide us rights to reach out to you on information and contact details provided by you for marketing, demo, and sales-related engagements in future
Services on the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, etc. are not eligible to use the Site.
As a minor, if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or services that may occur by any person including a minor registering for the Services/products provided.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
License and Access
The Company grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express wrote consent of the Company. Such limited sub-license does not include/permit any resale or commercial use of the Site or its contents any collection and use of any product listings, descriptions, or prices, any derivative use of the Site or its contents, any downloading or copying of information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express wrote consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or any server, computer, network, or any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any information which:
- Belongs to another person and to which you do not have any rights.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
- Harms minors in any way.
- Infringes any patent, trademark, copyright, or another proprietary/intellectual property rights.
- Violates any law for the time being in force.
- Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing.
- Impersonates another person.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation, or
- It is misleading or known to be false in any way.
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSs from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt-out from such communication and/or newsletters either by unsubscribing on the Website itself or by contacting the customer services team and placing a request for unsubscribing by sending an email to firstname.lastname@example.org
The following payment options are available on the Application:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks.
- Visa & Master Card Debit cards.
- Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of the Purchase.
- Cash Pick Up
- Payment Wallets
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code), or any other applicable provider to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company.
The User is further aware that in case of third-party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe to the Website, the User is required to complete the transaction by making the payment for the services opted for.
You are a restricted user of this website.
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission, limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, you may be exposed to content from other users that You may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content.
- In places where this website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website).
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's a computer.
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites.
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
- Violate any applicable laws or regulations for the time being in force within or outside India.
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting any other nation.
- Publish, post, disseminate information that is false, inaccurate or misleading violate any applicable laws or regulations for the time being in force in or outside India.
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
You shall not engage in advertising to, or in the solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
Copyright and Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content, and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute, or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks, and slogans are the trademarks/service marks of the Company, its affiliates, its partners, or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo, or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless this website/company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable under, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you according to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall Saras-3D, Inc., its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, Products, Services or Materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Disputes and Jurisdiction
In the event of Your breach of these Terms, you agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad and You hereby accede to and accept the jurisdiction of such courts.
Limited Warranty – Hardware and Software Effective 01.05.2021
This Limited Warranty for Hardware and Software (this “Limited Warranty”) sets forth the terms by which Saras-3D Inc. (“Saras-3D”) will repair or replace Saras-3D-manufactured Products that contain defects in material and workmanship that cause the Products to fail to conform with the applicable Saras-3D-published specifications (collectively, the “Defects”). This Limited Warranty covers Saras-3D manufactured software covered by an active license agreement (the “Software”) and Saras-3D-manufactured hardware (the “Hardware”) and the Software and Hardware are sometimes referred to in this Limited Warranty together as the “Products”. This Limited Warranty is available only to the original end user customer (the “Customer”) and solely covers Products purchased from Saras-3D or its authorized channel partners.
· “Hardware Coverage Period” means one year from the initial date Hardware is shipped by Saras-3D or its designee.
· “Software Coverage Period” means one year from the date the Software is initially made available to the Customer or its designee.
During the Hardware Coverage Period, Saras-3D will, at its option, repair or replace such Hardware determined by Saras-3D to have a Defect provided that: (a) the Hardware has been used within normal operating conditions; (b) the Customer notifies the Saras-3D technical support team (“Technical Support”) of the suspected Defect during the Hardware Coverage Period; (c) Technical Support validates the Defect; and (d) Customer complies with this Limited Warranty. Saras-3D may, at its option, repair or replace any such Hardware with validated Defects with new or equivalent-to-new components or hardware with equivalent fit, form, and function (each a “Replacement Unit”). Any Hardware without validated Defects will be repaired at Customer’s expense and at Saras-3D’s then-current service rates.
Process: Customer must first contact Technical Support to obtain approval to return Hardware that Customers suspects has a Defect. Following Technical Support’s approval of Customer’s return of such Hardware, Technical Support will provide Customer with a Saras-3D
Return Materials Approval (“RMA”) number that Customer must include when shipping the suspect Hardware back to the location designated by Technical Support. Customer is responsible for shipping the suspect Hardware, in either its original packaging or packaging affording an equal degree of protection, to Saras-3D’s designated location. Customer will pay the freight and any corresponding customs, taxes, duties, or other fees related to the return of the suspect Hardware to Saras-3D’s designated location. Any Hardware returned to Saras-3D will become Saras-3D property upon shipment of the Replacement Unit.
Within 10 business days of Saras-3D’s receipt of the suspect Hardware, Saras-3D will ship a Replacement Unit to Customer. Each Replacement Unit is covered by this Limited Warranty for the longer of (a) the remainder of the original Hardware Coverage Period; or (b) ninety days from the Replacement unit shipment date. Saras-3D will pay the freight associated with the Replacement Unit shipment, but Customer will be responsible for any corresponding customs, taxes, duties, or related fees.
Saras-3D will return the shipping cost of original unit which customer shipped back once the team confirms that it is a legitimate defect that requires replacement unit.
During the Software Coverage Period, Saras-3D will use commercially reasonable efforts to provide the Customer a correction or workaround for any Defects in the Software provided that: (a) the suspected Defect occurs when the Software is used within normal operating conditions and as permitted in Saras-3D’s End User License Agreement; (b) the Customer notifies Technical Support of the suspected Defect during the Software Coverage Period; (c) Technical Support reproduces and validates the Defect; and (d) the Customer complies with this Limited Warranty.
Hardware and Software
Technical Support Contact : Please use the email email@example.com with concerns related to hardware and software warranty and replacements.
This Limited Warranty is non-transferable and only covers Defects. This Limited Warranty does not cover issues caused by(a) Customer’s failure to implement Software updates; (b) acts of God, (c) acts of government; (d) misuse or abuse, (e) Customer instructions, installation, or set up adjustments; (f) modifications of or to any part of the Products; (g) accident or damage; or (h) use of the Software other than as permitted in the Saras-3D End User License Agreement. This Limited Warranty does not apply to Products sold AS IS or WITH ALL FAULTS, nor does it apply to open source software, which is provided subject to the terms and conditions of the applicable open source license. Further, this Limited Warranty is invalid if the factory-applied serial number has been altered or removed from the Product. Saras-3D may require Customer to provide proof of purchase by Customer and the applicable shipment date.
Disclaimer of Warranties:
Except as expressly set forth herein the products are provided without any representations or warranties, whether expressed, implied or statutory. To the extent permitted by law, Saras-3D expressly disclaims all the implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and noninfringement. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the applicable coverage period. This limited warranty supersedes any prior agreements or representations—including representations made insaras-3d sales literature or advice given by saras-3d, any saras-3d authorized channel partner, or an agent or employee thereof—that may have been made in connection with the purchase of a product. No change to this limited warranty is valid unless it is made in writing and signed by an authorized representative of saras-3d.
Limitations of Liability:
Saras-3d will not be liable for any incidental, special, punitive, or consequential damages, including without limitation any lost profits or lost data, in connection with the products. If a product contains a defect, customer’s sole and exclusive remedy shall be repair or replacement of the product. Saras-3d’s maximum liability under this limited warranty is expressly limited to the lesser of the price paid for the product or the cost of repair or replacement of any product. These limitations of liability will apply regardless of the nature or theory of the claim and will be effective even if saras-3d has been advised of the possibility of any damages. The limitations in this limited warranty will apply notwithstanding the failure of essential purpose of any limited remedy in this agreement.
Notwithstanding any other provision of this Agreement, Saras-3D will have no liability for any cessation, interruption, or delay in the performance of its obligations under this Limited Warranty due to causes beyond its reasonable control including: natural disaster, act of God, act of government, labor controversy or threat thereof, civil disturbance or commotion, acts or threats of terrorism, war, or armed conflict.